You should NOT proceed on your own. You should retain a personal injruy attorney IMMEDIATELY. I dont know who told you to go to small claims court, but based on my experience, small claims court is not a good forum for wronged plaintiffs. An experienced personal injury attorney can help you recover not only for your actual medical bills but also for the pain, and suffering that you have experienced. Remember, Mecury wants to keep their money, even when they should rightfully pay the claim....
Motions for Summary Adjudication (MSA) / and Motions for Summary Judgment (MSJ), are complex procedurally. You should be aware that if you lose this motion certain aspects of your claim will be thrown out of court and forever barred. I would recommend consulting with an attorney IMMEDIATELY to evaluate the merits of your claim, correct pleading errors and address the MSA/MSJ. It is unwise to handle this in pro per unless you have experience and/or training. Best of luck.
You should definitely get an attorney. The insurance company does not have your best interests in mind. They exist to make profits for their company --that's it. An attorney will help ensure you get what you are entitled to.
She really needs to see an ENT (Ear, Nose, Throat) physician for an evaluation of her ear. If you can prove that the original physician did something or did not do something that an equally qualified physician would have / would not have done you may have a claim for medical malpractice. Obtain the medical records, and consult with a medical malpractice attorney for a full review of your potential case. Best of luck.
You can always bring a suit. The real question here is whether you would be successful in recovering damages. If you did not have some legal protection (copyright, patent, contract, etc.) it may be very difficult to prove and succeed on prosecuting such a case. You should consider having a full case review completed by a qualified attorney. Best of luck.
It is hard because California has severely limited the recovery of these types of claims, and the cost to pursue them often outweighs the recovery. Also many firms do not handle these types of cases. If you suffered long-term effects from this medical error, you should look on Avvo to locate a medical malpractice attorney.